The Speaker of the House of Representatives of the House of The Speaker The Speaker of the House of Representatives The Speaker of the House of Representatives 1 © Commonwealth of Australia 2016 ISBN 978-1-74366-502-2 Printed version Prepared by the Department of the House of Representatives Photos of certain former Speakers courtesy of The National Library of Australia and Auspic/DPS (David Foote) 2 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES The Speaker of the House of Representatives is the Honourable Tony Smith MP. He was elected as Speaker on 10 August 2015. Mr Smith, the Federal Member for Casey, was first elected in 2001, and re-elected at each subsequent election. The Victorian electoral division of Casey covers an area of approximately 2,500 square kilometres, extending from the outer eastern suburbs of Melbourne into the Yarra Valley and Dandenong Ranges. Industries in the electorate include market gardens, orchards, nurseries, flower farms, vineyards, forestry and timber, tourism, light manufacturing and engineering. The Speaker has previously served as the Parliamentary Secretary to the Prime Minister from 30 January 2007 to 3 December 2007, and in a range of Shadow Ministerial positions in the 42nd and 43rd parliaments. Mr Smith has also served on numerous parliamentary committees and was most recently Chair of the Joint Standing Committee on Electoral Matters in the 44th Parliament. The Speaker studied a Bachelor of Arts (Hons) and Bachelor of Commerce at the University of Melbourne. The Speaker is married to Pam and has two sons, Thomas and Angus. THE OFFICE OF SPEAKER The Speakership is the most important office in the House of Representatives and the Speaker, the principal office holder. He or she is the representative or spokesperson for the House, the chair of its meetings and its “Minister” in respect of its administration and support services. Because the Speaker chairs or presides over the meetings of the House he or she is also referred to as the Presiding Officer of the House. It is because the Speaker represents the House of Representatives, which itself represents the people of Australia, that the person occupying the position of Speaker is treated with honour and dignity. The importance of the role is acknowledged by the Speaker’s ranking in the Australian Order of Precedence (a formal list used to determine issues of protocol at official functions), where it ranks (with the President of the Senate) directly after the Governor- General and State Governors, the Prime Minister, and a State Premier within that Premier’s State. While in office the Speaker is addressed by the title “Honourable”—and with the Governor-General’s approval this title may be retained for life. THE TITLE “SPEAKER” AND ORIGIN OF THE OFFICE The name “Speaker” dates back to the early history of the House of Commons in the United Kingdom. “Speaker” was originally more a job description than a title. The Speaker was the Member of Parliament who was chosen by other Members to speak for them—that is, to be their mouthpiece or spokesman. It was the Speaker’s task to report the decisions of the House of Commons to the King, possibly at some personal risk if the message was not one the King wanted to hear. The traditional token reluctance shown by a Member on being elected Speaker dates from this time, when a Member’s struggle not to be physically forced into the Chair could have been completely genuine. The practice in the House of Representatives that the newly elected Speaker is escorted to the Chair by supporters derives from this tradition. 3 Lucy Wicks, Member for Robertson, and Michael Sukkar, Member for Deakin, dragging the newly elected Speaker to the Chair of the House. This is a historic link to the Speakership at Westminster where several centuries ago a Speaker might well have been reluctant to undertake such an office. (Photo courtesy of Auspic/DPS) THE ELECTION OF THE SPEAKER Section 35 of the Constitution states that “The House of Representatives shall, before proceeding to the despatch of any other business, choose a Member to be the Speaker of the House”. The process for choosing the Speaker is set down in detail in the standing orders of the House. When there is more than one candidate the Speaker is elected by Members in a secret ballot, but often (in about 50 per cent of cases) the Member nominated is unopposed. An election for Speaker is conducted at the beginning of each Parliament even if the previous Speaker is still available. The Speaker of the previous Parliament may be re-elected. The Speaker is elected for the duration of a Parliament. At the dissolution of the House before a general election Members of the House, including the Speaker, technically cease to be Members. However, so that important functions can be carried out the Speaker is considered, by law, to continue in office for administrative purposes until a Speaker is chosen in the next Parliament. Normally the House elects as Speaker a Member who has had many years of experience in the Parliament. The Speaker’s authority is derived from the House, to which his or her duty lies and to which he or she is answerable. Just as the Speaker is elected by the House, he or she may be removed from office by a vote of the House. However, a motion of lack of confidence in the Speaker is very unusual and none has ever been agreed to. THE SPEAKER’S DEPUTIES At the beginning of each Parliament after the Speaker has been elected the House elects Members to the positions of Deputy Speaker and Second Deputy Speaker. The Second Deputy Speaker must be a non-government Member. The Speaker also appoints a panel of Members drawn from both sides of the House to serve in the Chair. 4 The Deputy Speaker, Second Deputy Speaker and Speaker’s panel members are all able to take the Chair in the House at the request of the Speaker. In practice an unofficial roster is maintained to provide occupants for the Chair throughout a sitting. While in the Chair they have virtually the same procedural powers and functions as the Speaker. DRESS AND CEREMONIAL The earliest Speakers wore the traditional black silk gown, full wig and lace ruffles at the sleeves and neck, on ceremonial occasions and when in the Chair. Many recent Speakers, including the current Speaker, have chosen not to wear any form of ceremonial dress. THE MACE The Mace symbolises the authority of the House and the Speaker. The Serjeant-at-Arms carries the Mace in front of the Speaker into the Chamber at the start of each sitting and it stays on the Table of the House throughout the sitting. The Mace also precedes the Speaker on ceremonial occasions, for example, to hear the Governor-General’s speech at the opening of Parliament. The House of Representatives used a Mace borrowed from the Victorian Legislative Assembly from 1901 to 1951. In November 1951 the current Mace was presented to the House by a delegation from the House of Commons at the direction of King George VI, to mark the Jubilee of the Commonwealth Parliament. The design (at Australia’s request) resembles that of the Mace used in the House of Commons. It is made from heavily gilded silver and the ornamentation includes symbols of the Australian Commonwealth and States as well as devices illustrating Australian achievement. IN THE CHAIR OF THE HOUSE As Presiding Officer, the Speaker chairs the meetings of the House and ensures they are conducted in an orderly manner and according to the provisions of the Constitution and the standing orders (written rules) of the House. At the start of each day’s sitting the Speaker makes an acknowledgement of country and reads the Lord’s prayer as outlined in the standing orders and then calls on the various items of business in the order set down in the standing orders. The Speaker must ensure that the rules of parliamentary procedure are applied. The Speaker interprets and enforces the standing orders, responds to Members’ points of order relating to them and gives rulings on procedure when necessary. For example, the Speaker is often called upon to decide whether remarks made in a speech about another Member are offensive, whether a Member’s speech is relevant to the motion or legislation being debated or whether a particular motion or amendment is allowed to be moved, and when it may be moved. The Speaker calls upon Members to speak in debates or to ask questions during Question Time. In doing so he or she seeks to share the opportunities evenly between the government and non-government Members. The Speaker also makes sure that backbenchers are not overlooked, despite the greater responsibilities of Ministers and opposition frontbenchers. An important part of the Speaker’s role is to protect the rights of individuals and minorities in the House and make sure that everyone is treated fairly within the framework set by the rules. However, in maintaining order in the House, the Speaker understands the need for robust debate to take place. 5 The Speaker must maintain order during debate. While most proceedings are routine and without incident there are occasions when passions become inflamed, excessive interjections occur and the House becomes noisy and unruly. The standing orders provide disciplinary powers to enable the Speaker to maintain order. These vary in their severity and allow the Speaker to deal with breaches of order in the most appropriate manner. For a minor infringement a Member may merely be called to order or warned.